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Leaving Hawaii

gbjorn — Tue, 07 Oct 2008 20:57:22 +0000

[caption id="attachment_359" align="alignnone" width="448" caption="Packing the Matson container"][/caption]

For some moving away from Hawaii means abandoning family, friends and a warm way of life unique to the islands. Many are lured away by the prospect of better economic opportunity elsewhere. For others who've lost jobs or face financial ruin due to the fickle nature of island economies, leaving means admitting defeat.

A dear friend, who's lived in Hawaii for more than five years and owns a furniture business, just told me that his business is on the brink of bankruptcy due to the rapidly collapsing housing and credit markets. He is moving to Texas where he hopes times are better, and he can make a fresh start. It's never easy to see loved ones move away, and I am going to miss him terribly.

The state has seen positive growth in its population over the past five years, even making the AARP's Top 100 Places to Retire list. Now I am wondering how many people like my friend are leaving Hawaii and what this means to the local economy that relies heavily on lifestyle dollars.

Do you know of anyone moving away from Hawaii in 2008 or 2009? If so, please share their story by replying to this post.

Waipi'o Valley: on the Big Island of Hawai'i

davidavery — Tue, 07 Oct 2008 20:56:34 +0000

Waipiʻo Valley is a valley located in the Hamakua District of the Big Island of Hawaiʻi. "Waipiʻo" means "curved water" in Hawaiian. It was the capital and permanent residence of many early Hawaiian kings up until the time of King Umi. A place celebrated for its red pepper tree known as the "Nioi wela o Paakalana" (The burning Nioi of Pakaalana).

The valley floor at sea level is almost 2000 feet below the surrounding terrain. A steep road (25% average grade) leads down into the valley from a lookout point located on the top of the southern wall of the valley. The shore line in the valley is a black sand beach, popular with surfers. A few taro farms are located in the valley. Several large waterfalls fall into the valley to feed the river which flows from the foot of the largest falls at the back of the valley out to the ocean. The trip up and down will be well worth it. More photos are soon to follow.

Aloha.

Frank's Travel Hints #8: Mysterious Puna!

lovingthebigisland — Tue, 07 Oct 2008 19:24:52 +0000

Exploring Mysterious Puna...

For your next day of driving, let’s go south on Highway 11 headed for the Puna District. Leave early and expect to get back just after dark because this area is furthest from Kona and contains some of the most beautiful, yet hidden, wonders on the Big Island. It is from Puna that, currently, the only up-close viewing of flowing lava is possible. You may want to pack a cooler for this day trip.

As you’re passing through Kainaliu, just south of Kona, a quick stop at Kona Joe’s Coffee Plantation, for some great Kona Coffee, will jump start your day. See their ad in the sponsors section in your Tour Guide. If you are driving straight to Puna, plan on about 3½ hrs drive time to get to the first sights in this discussion. If you have missed any sights that you wanted to see on the southern route, refer to Frank’s Travel Hints #1 and #2 and catch them on the way...just don't forget to allow for extra time.

Along the way you will pass Hawaii Volcanoes National Park. This is a fascinating place and not to be missed, but we will reserve it for a full day later.

The first turn is about 20 minutes past the park entrance at the town of Kea’au. Look for the stop light on the highway and the Highway 130 sign. The Kea’au Shopping Center has some great places to eat, like Paradise Bar and Grill, and is a good restroom break.

The first stop, in the Puna district, is the town of Pahoa. You will think you have just stepped back into the Wild West as Pahoa has a unique atmosphere like nowhere else on the island. Cute shops, and a great farmer’s market on Sundays, lends to picture taking and shopping. Tour Guide will suggest that parking is easiest at the Community Pool just a block from downtown, and there are public restrooms here.

Continue driving further into Puna on Highway 132 through the lovely tree tunnels to a magical stop at Lava Trees State Park. This gorgeous rainforest park is filled with birds and tropical plants and flowers. What makes this park so intriguing is the lava trees. Tour Guide will tell you how old lava flows surrounded the trees, leaving spires of hardened lava, giving it an eerie look. There are trails for hiking and bird watching is spectacular. This is also a good place for a restroom break as it will be a good while before the next restrooms are available. Highway 132 leads you to Highway 137, the Kapoho-Kalapana Road--the only road in America that is named for two towns buried by a volcano.

Turning toward Kapoho on Highway 137, the next stop is the Kapoho Tide Pools where you can experience great shoreline shell collecting and fantastic snorkeling amongst vibrant corals and tropical fish in protected tidepools. Though hard to find on your own, Tour Guide again knows the way to this secluded sanctuary and ancient village. Port-a-potties and showers are the only facilities here.

Just a few miles down Highway 137 is Ahalanui Hot Pond. This tropical park is centered around a hot spring that mixes with ocean water to create one of the most relaxing and soul recharging oases anywhere. Tour Guide gives you the history of what this area meant to the ancient Hawaiians. Picnicking, hiking, swimming and “expert only” surfing are some of the things to do here. There are restrooms, showers and water available also.

As you continue along the coast road, you will next encounter McKenzie State Park. Here the Ironwood trees create an unusual ambience of a pine tree forest. The sheer cliffs and majesty of the ocean beg for photographing. Swimming would be near impossible here, but the hiking is spectacular. Tour Guide will give more information about this other- worldly park. A permit is required for camping and the facilities are a bit run down.

Not far away is Kahena Beach. This beautiful black sand beach involves a bit of a scamper to get down the cliff, but is well worth the effort. Tour Guide will give you the easiest path to take. You may notice that this beach is “clothing optional”, thus it’s popularity. Swimming here is good, but currents can be strong if you get too far from shore.

Highway 137 used to become the Chain of Craters Road in Hawaii Volcanoes National Park, but it has been cut by several miles of intervening lava flows. Today, it ultimately ends at Highway 130, the road back to Kea'au and the Hawaii Belt Highway. At the intersections of Highways 137 and 130 are the remnants of the town of Kalapana, buried in the 1960 eruption of Kilauea. Tour Guide will tell you all about the eruption, the heroic recovery efforts, and lead you on a brief hike to Kaimu Black Sand Beach, the newest beach on the Island of Hawaii. From the end of the road you can frequently see the both the eruption cloud over Pu'u O'o Vent and the steam plume where lava is entering the ocean, both several miles distant. At night, the glow from streams of lava pouring down the pali can sometimes be seen from here. Although hiking to the lava can be an experience to cherish, it is dangerous and hard work. The best, and most consistent, viewing is by taking an air tour, such as Big Island Air or Paradise Helicopter Tours.

Heading back from Kalapana, you will want to take Highway 130 toward Pahoa and Kea'au, you pass the famous "Painted Church". Tour Guide can tell you the history of this fascinating place. Just a little farther north is the intersection of Highway 130 with the road to Royal Gardens Estates, which currently leads to the Hawaii County-maintained lava viewing area. Call the Lava Hotline at 808.961.8093 for current eruption updates, lava viewing information and times of road openings and closures. As you continue towards Kea'au you will pass the Steam Rooms--a field of steam vents in small craters where locals go to take steam baths. Tour Guide has information on finding these craters and how to safely enjoy the wonders of natural, volcanic steam baths.

Upon returning to the Hawaii Belt Highway at Kea'au, one can proceed in either direction back to Kona, north through Hilo, a bit shorter and faster, or west through Hawaii Volcanoes National Park which, though longer, is much more scenic. If time permits, you may want to stop in Volcano Village, just off the highway, for some food, gasoline, shopping or maybe even some wine tasting. This may be the last gasoline available until you get back to Kona as it is many times hard to find an open gas station in the rural part of Hawaii Island after dark. Find your hotel in your Tour Guide and get turn-by-turn directions right to the door.

For more information on visiting Hawaii in general and touring the Big Island in particular, go here.

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captain democracy — Tue, 07 Oct 2008 18:39:50 +0000

Philip J Berg lawsuit, New filings, T B Bradley, Jane Doe, October 7, 2008, Legal source says filings suspect

citizenwells — Tue, 07 Oct 2008 17:45:35 +0000

There were two filings in the Philip J Berg lawsuit on Tuesday, October
7, 2008. A legal source I spoke to a few minutes ago said that court
contacts indicated they had no merit. Repeat, I have no official response
from Philip J Berg on these filings. Here are parts of both:

First filing:

"IN THE UN LTED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENl\SYLVANIA

CASE NO. 02-08-CV-04083
PHILLIP BERG, ESQ.
PLAIl\T1FF

BARACK HUSSEIN OBAMA, JR., AKA BARRY SOETORO, CITIZEN OF
INDONESIA
DEMOCRATIC NATIONAL COMMITTEE
DEFEl\DANTS

MOTION FOR APPLICATION TO INTERVENE WITH COMPLAINT

AND
PETITION fOR WRIT OF MANDAMUS UJRECTED TO THE AGENCIES
OF THE UNITED STATES
AND MOTION FOR INJUNCTIVE RELIEF
COMES NOW, Ur. T.B. Bradley, Psy.D., (hereinafter "Applicant") hereby
formally applies to the Court for leave to intervene in the instant case with
Complaint and Petition for Writ of Mandamus Directed to the Agencies of
the United States and Motion for Injunctive Relief previously filed August
28,2008 at the United States District Court for the District of Columbia, and
petitions this Honorable Court for a Writ of Mandamus Directed to the
Agencies of the United States. If leave is granted by this Court, Applicant
requests this Court provide written notice to all interested parties of same.

Applicant hereby states:

1. Applicant is a Forensic Psychologist who works for the Criminal
Justice System and the Courts.
2. Upon reading all of the books written by or about Barack Hussein
Obama, Jr. aka Barry 50etoro, (hereinafter Obama) Applicant
discerned that Obama was not a natural born citizen of the United
States or if he was a natural born citizen that he had lost his
citizenship when his biological mother married Lolo Soetoro, a
citizen of Indonesia. And, Obama then became a citizen of Indonesia
as a result of his mother's expatriation of herself and her son, by selfdeclaration
on legal public educational records that Obama was
formally known as Barry Soetoro, a citizen of Indonesia.
3. Hence, Applicant discerned that Obama was not US Constitutionally
qualified to hold the Office of the United States Senator from Tllinois
or the Office of the President of the United States.

4. Without any knowledge whatsoever of the instant case filed August
21,2008, Applicant filed the Complaint at the United States District
Court -See Exhibit A.
5. Later, Plaintiff discovered a similar action, the instant case, and
provided Judicial Notice to the US District Court of same-See Exhibit
B.
6. Shortly thereafter, Applicant discerned that Obama's Mother
engaged in a pattern of illegal and fraudulent conduct as a result of
both of her two children's birth outside of the United States: (1)
Obama, Jr. born in Kenya Africa and (2) Maya Soetoro born in Jakarta
Indonesia, but the mother, a US Citizen, raced to Hawaii after each of
her children's birth where she engaged in fraudulent conduct upon
the United States by declaring a late registration birth for both
children claiming that they were born in Hawaii.
7. In fact, this pattern of fraudulent conduct is evidenced by the fact that
Obama, Jr. was born in Africa and her second child, Maya Soetoro,
was born in Jakarta, Indonesia; however, both children are allegedly
registered with birth certificates as born in the United States.
8. Obama's mother defrauded the United States not once, but twice due
to her out of US births of her children that she desperately sought to
protect by late registration births with false and fraudulent
information declaring that both children were born on US soil.

9. If in fact, Obama was born on US Soil, he lost any US citizenship he
may have held when his mother married Lolo Soetoro, moved to
Indonesia, expatriated bother herself and her son as a result of her
marriage and by self-declaration on legal, public, educational records
that Obama was the step-son of Lolo Soetoro, a citizen of Indonesia,
and that Obama 's name was changed to Barry Soetoro, now a citizen
of Indonesia.
1O.For all intents and purposes, Obama, remains a citizen of Indonesia
to this day.

I1.Unless he has applied for naturalization of US Citizenship after the
age of 18 and pledged an oath of allegiance to the US, Obama is, in
fact, an illegal alien living in the United States.

12.He should be deported and stripped of his US citizenship and
immediately stricken from the ballot for those natural born citizens
qualified to hold the Office of the President of the United States.
13.The quickest route to obtain facts would be for this Court to direct the
Agencies of the United States to obtain the Indonesia passport for
Barack Hussein Obama, Jr. aka, Barry Soetoro.

14.Mr. Berg has requested additional documents from Obama; however
the illegal games that this sophisticated and intelligent "master
manipulator" may engage in over the next several weeks will caUse
great turmoil to the upcoming US Presidential elections and a
constitutional crisis that may cause irreparable harm and damage to
the United States, its agencies and its US citizens, including its
registered voters who have relied upon the Federal Election
Commission and the Democratic National Committee to fully
investigate and vet its candidates before engaging in the national
disgrace of Obama, illegal alien and citizen of Indonesia being placed
on the ballot of the United States Presidential Elections of 2008.

IS.Applicant respectfully requests this Court review the solutions
available to it by commanding the pertinent agencies of the United
States as set forth in Exhibits A and B herein to take action to fully
investigate the allegations contained in Exhibits A and B herein, in
addition to the facts and documentary evidence in support of Mr.
Berg's claims in his Complaint and Response to Defendants' Motion
to Dismiss.

16.Both the Applicant and Mr. Berg have standing as natural born
United States Citizens and registered voters to apply to the United
States District Court and the US court systems as the only avenue to
obtain relief in regards to the issues and claims of each party's
Complaint.

17.To protect all US Citizens and registered voters, this Court is
compelled to uphold its oath to protect its US Citizens from harm,
including the name of an Indonesian citizen, an illegal alien, Barack
Hussein Obama,Jr. aka Barry Soetoro, who has diligently sought to
obtain the highest office of the United States government and its

agencies although he is not US Constitutionally qualified.

WHEREFORE, Applicant Bradley, respectfully moves this Court to enter
its Orders directed to the agencies of the United States as set forth in the
claims for relief in Counts I (pages 21-24) Count II (pages 26-29) and such
other relief as this Court deems just and necessary given the gravity of the
facts, witnesses (Grandmother, step-sister, step-brother who claim Obama
was born in Africa), and the documentary evidence in support provided by
Mr. Berg to this Honorable court to avert a US Constitutional crisis.
Further, the Applicant respectfully requests this Court utilize its power and
its authority given the gravity of the facts and documents in support of the
fact that Obama, Jr. is not US Constitutionally qualified to hold neither the
Office of the United States Senator from Illinois nor the Office of the
President of the United States as it is clear that he relinquished his US
Citizenship, if any, by becoming a citizen of Indonesia and traveling on an
Indonesian Passport from age 6-age 18, and after the age of 18. In fact,
Obama is an illegal alien attempting to fool the registered US voter in the
November 2008 Presidential elections. Applicant requests this Court to
enter its Writ of Mandamus directed to the third party agencies of the
United States to seek out, investigate and obtain third party documentary
evidence and the facts providing its report and documentary evidence to
this Court. The facts can be quickly discerned by by any and all passports
issued to Barack Hussein Obama, Jr. aka Barry Soetoro, his biological
mother (Stanley Ann Dunham), his biological father (Barack Hussein
Obama, Sr. , and any and all public records available to this US Court or

cooperating countries and intcmLltional agencies of the world,

Respectfully submitted this 2nd day of October 2008"

Second filing:

Visit Philip J Berg's site and help hold Obama accountable:

http://obamacrimes.com

Berg lawsuit, Berg is outraged, Obama hides behind legal issues, Obama and DNC attorney files motion, Obama Indonesian, Illegal alien, Philip J Berg statement, October 6, 2008

citizenwells — Tue, 07 Oct 2008 13:31:42 +0000

Philip J Berg has issued a statement in response to the motion filed on Monday, October 6, 2008 by Obama and the DNC. Here is Mr. Berg's statement:

"Berg Outraged: Obama & DNC file motion to delay discovery until after defendants motion to dismiss is decided

Berg is “Outraged” that Obama & DNC Hide Again Behind Legal Issues as their attorney files a Motion for Protective Order to “not” Answer Admissions & Production of Documents while Betraying Public in not Producing Documents proving Obama is “qualified” to be a candidate for President.

It is believed Obama is an “illegal alien”

For Immediate Release: - 10/06/08

(Contact info and pdf of press release below)

Country is Headed to a Constitutional Crisis

(Lafayette Hill, Pennsylvania – 10/06/08) - Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that Obama and Democratic National Committee [DNC] filed a Joint Motion for Protective Order to Stay Discovery Pending a Decision on the Motion to Dismiss (which was) filed on 09/24/08.

While legal, Berg stated he is “outraged as this is another attempt to hide the truth from the public; it is obvious that documents do not exist to prove that Obama is qualified to be President.” The case is Berg v. Obama, No. 08-cv-04083.

Their joint motion indicates a concerted effort to avoid the truth by attempting to delay the judicial process, although legal, by not resolving the issue presented: that is, whether Barack Obama meets the qualifications to be President.

It is obvious that Obama was born in Kenya and does not meet the “qualifications” to be President of the United States pursuant to our United States Constitution. Obama cannot produce a certified copy of his “Vault” [original long version] Birth Certificate from Hawaii because it does not exist."

Help Philip J Berg get the truth from Obama:

http://www.obamacrimes.com

Voice your outrage here:

http://obamaimpeachment.org

Die Spannung steigt in Kona

trimoema — Tue, 07 Oct 2008 12:17:10 +0000

Wer von unseren treuen Lesern den Pre-Race Spirit der Ironman Weltmeisterschaften in Kona, Hawaii zumindest über das Internet ein wenig aufsaugen möchte, dem legen wir unsere "Lieblingslinks" (Spalte rechts) wärmstens ans Herz. Zahlreiche Berichte, Favoriteninterviews und Internet-Tagebücher von "normalen" Age-Groupern werden dieser Tage laufend online gestellt.

Allen, die genauso sehnsüchtig wie wir nach Kona blicken, wünschen wir viel Spaß beim Lesen.

bis bald euer

team MÖMA-Tri

Keep Your Overall Health in Good Shape through Colon Cleansing

captaincolon — Tue, 07 Oct 2008 11:16:27 +0000

Cleansing the colon promotes healthier body and mind. Once the colon is clogged, the body may consequently weighed down. Not only by the weight of the accumulated wastes but by the proliferation of toxins as well. The spread of toxins in the body can lead to various illnesses which can disrupt the normal functioning of an individual.

Colon hydrotherapy might seem like an inconvenient or invasive procedure but it take only one session for you to realize that getting one is not as embarrassing or uncomfortable as you might have imagined. Various colon irrigation clinics are designed in such a way that clients are made to feel completely relaxed and comfortable.

Are you hoping to lose that extra weight from all that waste build-up to jump start your regimen for a healthier lifestyle? Why don't you visit a licensed hydrotherapist get counsel as to what treatment is appropriate for you.

Come Visit Captain Colon's Hydrotherapy fasting Clinic in Maui, Hawaii.We use a special mineral element sea water formulathat creates miraculous results with clients. From clearer skin, to losing a pound a day, to healing emotional traumas people come visit us from all over the world and order from our online store.

Ella in Waikiki

Quilly — Tue, 07 Oct 2008 09:11:40 +0000

Ella came to work with me today. She charmed all of my coworkers in less than 10 seconds.

[caption id="" align="aligncenter" width="415" caption="Ella on my desk."][/caption]

For lunch, Ella, the boss, and I went to The International Market Place. It is only a few blocks from the office, but Ella's legs are shorter than ours. She needed to stop and rest. Here she is resting among the Anthurium.

[caption id="" align="aligncenter" width="419" caption="Ella sitting in the flower bed."][/caption]

And here she is at the Market Place. Most people come to this spot to watch the Koi.

[caption id="" align="aligncenter" width="423" caption="People watching."][/caption]

Ella thought it was the perfect place to people watch. I can't believe how many people went out of their ways to come and talk with her today. Ella is a regular chatterbox and she made friends left and right.

When we finally reached the food court, the Boss and I ordered Gyros. Ella said she was in the mood for French Cuisine and returned to the table with this!

[caption id="" align="aligncenter" width="423" caption="French Cuisine"][/caption]

Doodlebops in Hawaii

alohamama2008 — Tue, 07 Oct 2008 07:37:01 +0000

If your child watches the Disney Channel, then they probably know who the Doodlebops are. The Doodlebops were in town last month. They appeared at the Blaisdell Concert Hall from September 26th through September 29th.

We found out about the Doodlebops from the Island Family magazine. I also saw a commercial on TV advertising the Doodlebops. I think Oceanic Cable was giving away free tickets if you entered some kind of contest. I also heard there was a contest on HawaiiMoms.com and on the KHON Morning News.

I actually got a close-up look at actors on the KHON Morning News. I was a little disappointed to find out that they weren't the original cast members from the show. I could especially tell that Moe was not the Moe from TV. Then again my husband reminded me that the original cast probably doesn't do the traveling shows and that my daughter would not really know the difference. I think they had to lip sync during the show but I'm not sure. It sounded like the original cast singing.

My daughter went to the Saturday matinee show. It was pretty crowded on the main level but there were a bunch of empty seats up on the balcony level. At first, she was a little scared of them but she warmed up and ended up having lots of fun.

After the show, came the requisite visit to the souvenir stand. There were tons of things that every child would enjoy like a drum, play cell phone, coloring book and a light up wand among other things. Yes, it was expensive but it is so hard to leave without something to remind you of the Doodlebops.

Here are some pics from that show. Sorry if I wasn't supposed to take pictures in the show....

Eddie Van Halen to marry again!

thegirlfromtheghetto — Tue, 07 Oct 2008 02:29:23 +0000

He's crazy! Eddie Van Halen is getting married again, and this time it is to his publicist/girlfriend Janie Liszewski. He proposed on vacation in Hawaii, and of all places a Tiffany & Co. Was he topless as always?

Janie, soon to be Jaine's Crying, is 38 and a former stunt woman and actress. Her career highlights are having been in Spider Man 2 and in an Enrique Iglasias "Be With You" music video.

She's a little stupid to be marrying an old man with 2/3 of a tongue and a bad bad case of alcoholism. Is he finally over the booze? I hope so. I never want to see another picture of him like this again:

I saw Eddie last October (And in 1986) and that entire concert was a holy experience, where I watched many grown men cry. I was amazed by his solo's and I have read that he was sober. I LOVE EVH for the pure joy his music brought to my life for many, many years. I still remember the day I first head him play guitar. It was @ Wildwood Park, Madison Heights, MI, 1979. Wow! I have a clear picture of listening to that entire tape with my neighbor Wayne. I was hooked. I was in love. I wanted his babies, and I was only 8 years old ...

Who is this Jamie woman? I had to find out more ...

She also has her own cute website www.janiesgotagun.com where I learned she was a stunt double for J.Lo and I found out she is Latin, Middle Eastern, Native American, Eastern European, and has also worked as a firefighter and EMT.

Hmm. Is is still cool to be married to someone who once was the hottest thing in town? I'm not sure...

Hawaii Weather in South Dakota

John Barcanic — Tue, 07 Oct 2008 00:42:36 +0000

It's raining in South Dakota. Not so unusual in October, but the last couple weeks have been practically cloudless with temps in the mid-70's. I think I'd love weather like that all the time.

I've heard that Hawaii has almost perfect weather every day: not too hot, not too cool, and sun, sun, sun. But, we're not in Hawaii, we're in the Midwest. I've read that heaven has perfect weather, too. Even better than Hawaii! There's Son all the time and God wipes away every raindrop that might sneak down your cheek.

When you're in the Midwest sometimes you long for Hawaii weather. When you're on planet earth sometimes you long for heavenly "weather." We get frustrated when the clouds obscure the sun. We are surprised when things don't go the way they should. Suffering and evil and temptation are real and all too present. When we expect heavenly weather in an earthly climate we're bound to get discouraged. But when we realize where we are and that there's a purpose for why we're here, we can put up with a lot more storms in the journey.

After all, without the rain where would the farmers be?

Obama and DNC motion for Protective Order Staying Discovery Pending Decision, Obama is Indonesian, Obama is an illegal alien

citizenwells — Mon, 06 Oct 2008 23:11:23 +0000

Below is the text of the Obama and DNC motion for Protective Order Staying Discovery Pending Decision. If Obama was eligible to be president, he would prove it. This is the action of a guilty person. Obama is an Indonesian citizen and illegal alien. He should be arrested and deported.

Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

ORDER

AND NOW, THIS ___ DAY OF ___________, 2008, upon consideration of the
Motion of Defendants Democratic National Committee and Senator Barack Obama for
Protective Order Staying Discovery Pending Decision On Dispositive Motion, and of the
submissions of the parties relating thereto, it is hereby ORDERED that said Motion is
GRANTED.

Surrick. J.

DMEAST #10127194 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 2 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

MOTION OF DEFENDANTS
DEMOCRATIC NATIONAL COMMITTEE AND
SENATOR BARACK OBAMA FOR A PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON DISPOSITIVE MOTION
Pursuant to Fed. R. Civ. P. 26(c)(1), defendants Democratic National Committee
and Senator Barack Obama respectfully move the Court for a protective order staying all
discovery in this action pending the Court’s decision on defendants’ motion to dismiss
the action for lack of subject matter jurisdiction and for failure to state a claim upon
which relief can be granted.

Pursuant to Fed. R. Civ. P. 26(c)(1), on October 6, 2008, counsel for defendants
conferred with plaintiff about agreeing to stay or defer discovery, including deferring
responses to the discovery requests already served by plaintiff (attached as Exhibit A
hereto). Plaintiff refused to consent to any such stay or deferral.

DMEAST #10127157 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 3 of 10

Pursuant to Local Rule 7.1, accompanying this Motion is a Brief in Support of

Motion for Protective Order and a proposed Protective Order.

Respectfully submitted,

/s/ John P. Lavelle, Jr.

Dated: October 6, 2008
John P. Lavelle, Jr.
Attorney I.D. PA 54279
BALLARD SPAHR ANDREWS & INGERSOLL,
LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103

(215) 864-8603
(215) 864-9125 (Fax)
lavellej@ballardspahr.com

Of counsel:

Joseph E. Sandler
General Counsel, Democratic National Committee
SANDLER, REIFF & YOUNG, P.C.
300 M Street, S.E. #1102
Washington, D.C. 20003
Telephone: (202) 479-1111
Fax: (202) 479-1115

Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com

Attorneys for Defendants
Senator Barack Obama and
Democratic National Committee

DMEAST #10127157 v1

2
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 4 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

BRIEF OF DEFENDANT DEMOCRATIC NATIONAL COMMITTEE
AND DEFENDANT SENATOR BARACK OBAMA
IN SUPPORT OF MOTION FOR PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON
DISPOSITIVE MOTION
Defendants Democratic National Committee and Senator Barack Obama submit
this Brief in support of their Motion for Protective Order Staying Discovery Pending
Decision on Dispositive Motion. Plaintiff has served extensive discovery requests on
defendants. As noted in Defendants’ Brief in Support of their Motion to Dismiss, this
lawsuit is entirely without merit and plaintiffs’ allegations are patently false. Defendants
have moved to dismiss this action for lack of subject matter jurisdiction and failure to
state a claim. That motion presents solely issues of law; no discovery is needed in order
to resolve the motion. If the motion is granted, it will dispose of the entire action,
obviating the need for the burdensome discovery sought by plaintiff. A protective order
staying discovery is therefore warranted.

DMEAST #10127159 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 5 of 10

I. Procedural Background
In his Complaint, plaintiff Berg alleges that Senator Barack Obama, the
Democratic Party’s nominee for President of the United States, is not eligible to serve as
President under Article II, section 1 of the Constitution because, Mr. Berg alleges
(falsely), Senator Obama is purportedly not a natural-born citizen. Complaint ¶3. Mr.
Berg seeks a declaratory judgment that Senator Obama is ineligible to run for President;
an injunction barring Senator Obama from running for that office; and an injunction
barring the DNC from nominating him.

On September 15, 2008, plaintiff Berg served on Senator Obama’s office a
request for production of seventeen different categories of documents, including copies of
all of the Senator’s college and law school applications, requests for financial aid, college
and law school papers, and “a copy of your entire presidential file pertaining to being
vetted.” Plaintiff also served 56 requests for admission on Senator Obama. On that same
date, plaintiff served on the DNC 27 requests for admission and requests for production
of five categories of documents, including all documents in the possession of the DNC
relating to Senator Obama.1

On September 24, 2008, defendants filed a motion to dismiss the complaint for
lack of subject matter jurisdiction and failure to state a claim, on the grounds that, as a
matter of law, plaintiff has no standing to challenge the qualifications of a candidate for
President of the U.S. and has no federal cause of action.

True and correct copies of these discovery requests are attached as Exhibit A hereto.

DMEAST #10127159 v1

2
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 6 of 10

II. Discussion
Rule 26(c)(1) authorizes the Court to enter a protective order to protect a party
“from annoyance, embarrassment, oppression, or undue burden or expense,” including an
order forbidding the discovery or specifying terms for discovery. “While the court should
not automatically stay discovery because a motion to dismiss has been filed, ‘a stay is
proper where the likelihood that such motion may result in a narrowing or an outright
elimination of discovery outweighs the likely harm to be produced by the delay.’” 19th
St. Baptist Church v. St. Peters Episcopal Church, 190 F.R.D. 345, 349 (E.D. Pa. 2000),
quoting Weisman v. Mediq, Inc., 1955 WL 273678, 1995 U.S. Dist. LEXIS 5900 *2 (E.D.
Pa. 1995). “Where a pending motion to dismiss may dispose of the entire action and
where discovery is not needed to rule on such motion, the balance generally favors
granting a motion to stay.” Weisman, 1995 U.S. Dist. LEXIS at *5.

In Weisman, in which this Court found that a motion to dismiss could be decided
on the pleadings, and could be decided in a relatively short time period, the Court granted
a stay of discovery. Similarly, in Norfolk Southern Rwy Co. v. Power Source Supply,
Inc., 2007 U.S. Dist. LEXIS 15306 (W.D. Pa. 2007), defendant filed a motion to dismiss
based on lack of subject matter jurisdiction; plaintiff served interrogatories and document
requests while that motion was pending. The court granted defendant’s motion for a
protective order staying discovery, ruling that, “where, as here, an objection to the
Court’s jurisdiction made under Rule 12 might compel the dismissal of an entire action,
the Court finds that considerations of fairness and efficiency suggest the prudence of
limiting discovery to those facts necessary to resolve the motion. Because the Parties in
this matter have fully briefed the jurisdiction issue and await only the Court’s ruling,

DMEAST #10127159 v1

3
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 7 of 10

discovery in this case shall be stayed and Defendant protected from the requests that
Plaintiff has already propounded.” Id. at *4.

In this case, as in Weisman and Norfolk Southern Rwy., defendants’ pending
motion to dismiss for lack of subject matter jurisdiction would dispose of the entire
action. The motion does not involve any disputed issues of fact: defendants contend that,
as a matter of law, plaintiff lacks standing to challenge the qualifications of a candidate
for President and that there is no federal cause of action that could serve as a means for
such a challenge. Thus, discovery is not needed in order to rule on the motion. In these
circumstances, a stay of discovery is warranted and appropriate.

DMEAST #10127159 v1

4
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 8 of 10

CONCLUSION
For the reasons set forth above, the Court should grant the motion of defendants
DNC and Senator Barack Obama for a protective order staying discovery pending a

decision on their motion to dismiss.
Respectfully submitted,
/s/ John P. Lavelle, Jr.
Dated: October 6, 2008 John P. Lavelle, Jr.
Attorney I.D. PA 54279
BALLARD SPAHR ANDREWS & INGERSOLL,
LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103
(215) 864-8603
(215) 864-9125 (Fax)
lavellej@ballardspahr.com
Of counsel:
Joseph E. Sandler

General Counsel, Democratic National Committee
SANDLER, REIFF & YOUNG, P.C.
300 M Street, S.E. #1102
Washington, D.C. 20003
Telephone: (202) 479-1111
Fax: (202) 479-1115

Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com

Attorneys for Defendants
Senator Barack Obama and
Democratic National Committee

DMEAST #10127159 v1

5
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 9 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

CERTIFICATION PURSUANT TO LOCAL RULE 26.1(F)

Undersigned counsel for Defendants Democratic National Committee and Senator

Barack Obama hereby certifies pursuant to Local Rule 26.1(f) that the parties, after reasonable

effort, are unable to resolve the dispute that is the subject matter of Defendants’ Motion for

Protective Order Staying Discovery Pending Decision On Dispositive Motion.

/s/ John P. Lavelle, Jr.

Dated: October 6, 2008
John P. Lavelle, Jr.
Attorney I.D. PA 54279
BALLARD SPAHR ANDREWS & INGERSOLL, LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103

(215) 864-8603
(215) 864-9125 (Fax)
lavellej@ballardspahr.com

DMEAST #10127199 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 10 of 10

CERTIFICATE OF SERVICE

I hereby certify that on this day, a true and correct copy of the foregoing
Defendant Democratic National Committee’s and Defendant Senator Barack Obama’s
Motion for a Protective Order Staying Discovery Pending Decision on Dispositive Motion
and Brief in Support thereof was served by First Class U.S. Mail, postage prepaid, upon the
following:

Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 09867

Plaintiff

Dated: October 6, 2008 /s/ John P. Lavelle, Jr.
John P. Lavelle, Jr.

DMEAST #10127407 v1

Coming In For A Landing

kimsrogers — Mon, 06 Oct 2008 23:00:44 +0000

This is what a juvenile Red-footed Booby looks like when it's about to land on your head.

And this is what one looks like after you give a little start and, perhaps, even a squeal. S/he might be as surprised as I.

It seems that unlike our other seabirds at Kilauea Point National Wildlife Refuge when a Red-footed Booby fledges, it actually hangs around its nestsite, learning to fly and returning home like a college student expecting its parents to continue to feed and house it. During this month-long fledging process, these juveniles can be seen flying around the refuge like they've attended a fraternity kegger and trying to land on the unlikeliest of things--like me.

Night Scuba Diving with Manta Rays in Kona, Big Island, Hawaii

Josey — Mon, 06 Oct 2008 22:58:35 +0000

"What scares you?"

"What scares me?"

"Right. What's your biggest fear?"

We'd known each other for about 20 minutes, so it caught me off guard. But, what the hell, I've never been a huge fan of small talk either.

"Well, for starters, I don't like swimming in water where I can't see what's swimming with me. I don't care if I'm swimming with sharks... just as long as I can see them."

"Oh my gosh, me too! You couldn't pay me to Scuba dive at night."

"You know, I actually did that once. It was a bit of a Fear Factor experience, no question about it. As much as I'd like to tell you that 'it wasn't that bad,' it was terrifying. The dive master said the moon would light the water, but I could only see what was illuminated by the beam from my flashlight. I just kept darting it around to cover as much ground as possible."

"That sounds,,, awful."

"I think it would have been. But it was part of the popular 'swim with manta rays' experience in Kona on the Big Island of Hawaii, which is really very cool. It feels incredibly 'sci-fi.'"

"'Sci-fi' how?"

"Well, several dive boats all meet at one spot because the more divers, the more flashlights, the more plankton, the better the odds of seeing manta rays. One of the dive masters puts a milk carton full of high-powered flashlights on the ocean floor, and then all the divers circle up around the milk carton on their knees and point their flashlights up towards the surface. The light attracts the plankton and the manta rays come to feed on the plankton. Given that they're enormous—10, 12-feet in wingspan—their agility is mind-boggling: They swoop down, turn somersaults, change directions on a dime. They're unbelievably graceful. ...Although, their depth perception might be a little bit off: One actually swam right into the back of Jeff's head."

"You're kidding."

"No, it was really quite amazing. It swam into his head and bumped his mask and then, since you obviously can't talk underwater, Jeff started feverishly pointing at his head to try to tell me what had happened. I'm actually not sure it's safe to laugh as hard as I did underwater through a Scuba regulator. And the best part? Another diver from our boat caught the incident on his underwater camera."

The manta ray hits Jeff at around the 47-second mark:

"That's crazy! ...But you still couldn't pay me to do it."

Philip J Berg lawsuit, Obama and DNC File Motion to Delay Discovery, Judge Surrick must rule, Protective order stopping all discovery, Obama is illegal alien, Indonesian

citizenwells — Mon, 06 Oct 2008 22:50:27 +0000

The same day that Philip J Berg filed a Motion for Leave to File Amended Complaint, Obama and the DNC filed a Motion to Delay Discovery until Judge Surrick rules on the prior motion to dismiss. Jeff Schreiber does a good job of explaining this. Here are some of his comments:

"It was a busy day in the Eastern District of Pennsylvania today. First, attorney Philip Berg files a motion asking the court to permit him to file an amended complaint with several additions, and then next, attorneys for Barack Obama and the DNC file a motion asking the court for a protective order, essentially asking that the judge rule on their motion to dismiss for lack of standing before ruling on Berg's motion for expedited discovery. "

"Basically, the law states that Judge Surrick can order discovery even in the face of a pending dispositive motion such as the motion to dismiss filed on September 24 by Obama and the DNC. In other words, he can order full discovery, limited discovery, or none at all before ruling on the dismissal. The attorneys for Obama and the DNC, however, just filed a motion asking for a protective order stopping "all discovery in this action pending the Court's decision on defendant's motion to dismiss the action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted."

Just like with the amended complaint, an attorney cannot simply file a protective order but must file a motion for one, essentially asking the court to issue one. Make sense so far? That's what this is -- defense attorney John LaVelle filed such a motion this afternoon, a motion asking the judge to issue a protective order which would allow for a ruling to come down on the motion to dismiss before the commencement of any discovery."

Mr. Berg's comment:

"He's asking to delay discovery and, Jeff, I'm obviously going to oppose it, " he said. "This isn't right. This just isn't right. By tomorrow, we'll have a response and put out a press release. The American people should hear about this and, if they do, they should go nuts. It's time to put up or shut up."

World Financial News Special Report: "FINANCIAL TSUNAMI HITS WALL STREET!" SELL! SELL! SELL! SELL! Stock Market Crash is Happening, "GLOBALLY!": Elect write-in candidate Captain Democracy (Robert E. McCullough B.A., Arch.) President of The United States of America November 4, 2008: Savior of The United States of America.: "Patron Saint of Planet Earth.": Financial $ donations to Bank of America account # 0268341469 {Reporting: North Beach, San Francisco Financial News and World Report.}

captain democracy — Mon, 06 Oct 2008 22:39:35 +0000

POD: 09.30.08

garran — Mon, 06 Oct 2008 21:23:11 +0000

Ihilani Resort & Spa, Kapolei, HI

Larry Sinclair, Nashville TN, October 6, 2008, Sinclair blog radio show, Town Hall Meeting, Obama, McCain, Obama drug sex encounter November 1999

citizenwells — Mon, 06 Oct 2008 20:24:53 +0000

Larry Sinclair is in Nashville TN for the McCain and Obama Town Hall Meeting and to share his story of a drug sex encounter with Obama in November 1999. Sinclair will also share his telephone encounter with Donald Young and inform the public about the Philip J Berg lawsuit.

Larry Sinclair will host his blog talk radio show from Nashville tonight at 6:00 PM Central time. Here is the link to the radio show:

http://www.blogtalkradio.com/Obamas-2Night-Stand

Here is a recent post from Larry Sinclair's website:

"Monday, October 6, 2008

GOOD AFTERNOON FROM VANDERBILT & BELMONT UNIVERSITIES

Let me start by extending a Thank You to the Belmont University Office of Campus Security for your kind assistance today.

I have spent the last couple of hours dropping off DVD's of the NPC press conference along with contact cards to the Nashville colleges and Universities as well as some Nashville media outlets.

I have also spent time driving through these areas and am pleased with the amount of interest in what is posted all over the car. Even in front of Al Gore's offices in the Loews Plaza!

The below pictures are from the press parking lot at Belmont University. Fox News looks to shuttle their staff in a single van while NBC has these two SUV's plus three more in the parking lot.

Tuesday October 7, 2008 we will yet again bring a story to the American voter that has no idea who the real Barack Obama is. I was asked this morning by Vanderbilt, "Why is this just now coming out a month before the election?" I advised them because the national media has refused to report the story to the American people. I provided them copies of the NPC PC DVD!"

A Hawaiian "Painting"

by Kedar — Mon, 06 Oct 2008 19:37:07 +0000

Philip J Berg lawsuit, Obama on ballot, Obama not qualified to be president, State statutes, US Constitution, Obama Indonesian, NC State Board of Elections, Contact state boards of election

citizenwells — Mon, 06 Oct 2008 19:28:05 +0000

I contacted the NC Board of Elections this morning and asked if they
were aware of the Philip J Berg lawsuit that states that Barack Obama
is an Indonesian citizen, an illegal alien and not eligible to run
for president. I was told they had been aware of the lawsuit for several
months. I was also told they get their cue from the DNC. The gentleman
that I spoke to mentioned the case that was dismissed against John McCain.
These two cases are totally different. One huge difference is that John
McCain provided a vault version of his birth certificate to congress.
Obama filed a motion to dismiss the Berg lawsuit instead of proving
citizenship. The gentleman did not allow me to speak at first but did
listen for a brief moment. I told him that I would be posting about
this. I included a subchapter of NC law that pertains to replacing
candidates that are disqualified.

So, what is the primary source of determining qualifications to be
president? The US Constitution.

I am requesting that all of you, the citizens of the US, look up the laws
in your state regarding a candidate being on the ballot and email and
call your state board of elections. Here is the email that I sent to the
NC State Board of Elections:

"What I am about to share is serious and not a joke.
I am going to post this on my blog.
You may or may not be aware of the lawsuit filed by Philip J Berg
in federal court on August 21, 2008. Mr. Berg states that Obama
is not qualified to be president. I helped break this story and I am
in contact with Mr. Berg. He is trying to avoid a constitutional
crisis.

Here is a subchapter from the NC statues:

(Changes effective January 1, 2007)
§ 163-114. Filling vacancies among party nominees occurring
after nomination and before election.
If any person nominated as a candidate of a political
party for one of the offices listed below (either in a primary
or convention or by virtue of having no opposition in a primary)
Current through September 7, 2008
Page 118 of 429
dies, resigns, or for any reason becomes ineligible or
disqualified before the date of the ensuing general election,
the vacancy shall be filled by appointment according to the
following instructions:
Position
President vacancy is to be filled by
Vice President appointment of national
executive committee of
political party in which
vacancy occurs

I am a NC voter.

Citizen Wells"

Make sure that you document your inquiry with date and time stamps.

Citizen Wells